Portage Diversion protest

About 50 farmers were out in full-force at the Portage Diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province’s slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

Robin Dudgeon/The Graphic/QMI Agency

Portage la Prairie MLA Ian Wishart speaks with farmers during their protest at the Portage Diversion. About 50 farmers were out in full-force at the diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province�s slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

Robin Dudgeon/The Graphic/QMI Agency

About 50 farmers were out in full-force at the Portage Diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province's slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

Robin Dudgeon/The Graphic/QMI Agency

About 50 farmers were out in full-force at the Portage Diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province�s slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

Robin Dudgeon/The Graphic/QMI Agency

About 50 farmers were out in full-force at the Portage Diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province�s slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

Robin Dudgeon/The Graphic/QMI Agency

About 50 farmers were out in full-force at the Portage Diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province�s slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

Robin Dudgeon/The Graphic/QMI Agency

About 50 farmers were out in full-force at the Portage Diversion on Monday, April 29, 2013, protesting the flooding of farmland to save Winnipeg and the province�s slowness in paying compensation from the 2011 flood. (Robin Dudgeon/The Graphic/QMI Agency)

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The province is ramping up its powers during a state of emergency, by allowing police to arrest those who obstruct flood control structures or ignore evacuations.

The Emergency Measures Act amendments follow a demonstration that delayed the opening of the Portage Diversion for 12 hours.

About 50 farmers used large farm equipment as obstacles at the diversion, which the province had hoped to open at 11 a.m. Monday. The diversion finally began operating around 11 p.m. after the province won a court injunction and the site was cleared.

Steve Ashton, the minister responsible for Manitoba’s Emergency Measures Organization, said changes were initially sought after emergency responders were forced to rescue Manitobans from rooftops in Breezy Point and the Rural Municipality of St. Clements during the flood of 2009. Those residents had refused an order to evacuate.

“That put our emergency responders at risk and those individuals at risk. So we’ve brought in legislation to ensure that doesn’t happen. In some cases, we’ll be able to take people into custody, again, primarily for their own protection,” said Ashton.

Those who ignore evacuation orders could also be forced to pay the government costs of their apprehension.

Obstructing a flood control structure would be defined as an illegal offence, allowing police to arrest those offenders without warrant as well. The fine for that offence would be up to $10,000.

“People can be fined and removed from the structure,” said Linda McFadyen, deputy minister of local government.

Ashton said the tough stance isn’t one the province took lightly.

“You hate to get to that point but there are some individuals that really don’t get it,” he said. “The last resort is taking people into custody.”

Ashton said the Monday delay raised ice-jam risks, especially for the rural municipalities of Cartier, St. Francois Xavier and Headingley, leading the province to further enhance the legislation.

“It does put others at serious potential risk,” he said.

Previously, it was an offence to trespass on Crown land, which allowed the province to get an injunction to clear the diversion protest.

But the new legislation should allow the EMO to act much more quickly the next time around, Ashton said.

The Manitoba Progressive Conservatives declined to comment on the amendments, as the actual legislation was not released until late in the day.

The province is ramping up its powers during a state of emergency, by allowing police to arrest those who obstruct flood control structures or ignore evacuations.

The Emergency Measures Act amendments follow a demonstration that delayed the opening of the Portage Diversion for 12 hours.

About 50 farmers used large farm equipment as obstacles at the diversion, which the province had hoped to open at 11 a.m. Monday. The diversion finally began operating around 11 p.m. after the province won a court injunction and the site was cleared.

Steve Ashton, the minister responsible for Manitoba’s Emergency Measures Organization, said changes were initially sought after emergency responders were forced to rescue Manitobans from rooftops in Breezy Point and the Rural Municipality of St. Clements during the flood of 2009. Those residents had refused an order to evacuate.